Oral Answers to Questions

Julian Lewis Excerpts

Tuesday 6th May 2014 Commons Chamber

[Jeremy Wright]

The hon. Gentleman will not be shocked to learn that I do not have that figure in front of me. As I said to his hon. Friend the Member for Middlesbrough South and East Cleveland (Tom Blenkinsop), the Opposition need to think carefully about what they are really worried about. If they are worried about prisoners having access to books, I have reassured them that they do not need to worry about that. If, however, they are worried, as the shadow Secretary of State told us he was, about the influx of drugs and other contraband substances into prisons, they might want to reflect on the sense of restricting packages as they come into prisons. That is what we are proposing to do. What are they going to do?

[Dr Julian Lewis (New Forest East) (Con)]

What progress have the Government made towards their aim of greater honesty in sentencing so that the public at large and victims of crime in particular know that when a sentence is handed out, the time served will correspond to a greater degree to the sentence handed out?

[Chris Grayling]

As you know, Mr Speaker, I believe that in an ideal world 10 years would mean 10 years. I do not have the resource to deliver that immediately because of the financial constraints upon us, but I have started by ending automatic early release for the most violent and unpleasant offenders in our society so that they can no longer expect to be released automatically halfway through their sentence, and have a possibility of release ahead of time only if they are demonstrably no longer a threat to the public as assessed by the Parole Board.

EU Charter of Fundamental Rights

Julian Lewis Excerpts

Tuesday 19th November 2013 Commons Chamber

[Chris Grayling]

Our view is that there is not a legal need to legislate. We will test the point in a forthcoming case. If the point proves that the legal position is different from what we understand it to be, we will of course have to return to this House.

[Dr Julian Lewis (New Forest East) (Con)]

I noticed that my right hon. Friend said that a future majority Conservative Government would want to take steps to reassert this House’s sovereignty over EU legislation. Does that mean that we would not be able to take such steps if the Liberal Democrats were part of any future Government?

[Chris Grayling]

It is clear that there are many things that have united us politically in the past three years where we have done good work for this country but that there are areas—European issues and issues of human rights—where we take a different view. The mature approach in a coalition is to accept that those differences of views exist, to work collaboratively together when we agree and to be honest when we do not. That is what we will continue to do. I will certainly be on the doorsteps at the next general election arguing very strongly indeed for a Conservative approach that deals with many of these issues.

Anti-Social Behaviour, Crime and Policing Bill (Programme) (No. 2)

Julian Lewis Excerpts

Monday 14th October 2013 Commons Chamber

[Damian Green]

With the leave of the House, I will, Mr Speaker.

I detect just the faintest whiff of synthetic indignation in the air. I remind the hon. Member for Birmingham, Erdington (Jack Dromey) that the Opposition did not vote against Second Reading, or against the original programme motion, which provided for just one day on Report. They are objecting to having two days allowed for the Bill, but they did not object to having one day. Proceedings in Committee finished ahead of schedule, and on Report the Opposition Front Benchers have tabled just one amendment to the Bill’s 142 clauses, as well as five new clauses.

In opposing this second programme motion, the official Opposition are opposing the extra time on Report that the Government have volunteered. The Opposition did not request extra time, but they now argue there is not enough. As my hon. Friend the Member for Cambridge (Dr Huppert) rightly pointed out, if the Opposition succeed, the time devoted to discussing these important issues will be reduced rather than increased. [Interruption.] The Opposition Whip can continue chuntering from a sedentary position as much as he likes, but he has left himself in the ridiculous position of voting for the Bill to have less time devoted to it, rather than more. That is not effective opposition or Opposition whipping.

Perhaps I may correct one factual point. The hon. Member for Birmingham, Erdington said that the Government waited until after the tabling deadline to announce that they would not be tabling amendments on the maximum sentence in section 3 of the Dangerous Dogs Act 1991. That is not the case. The Minister of State, Home Department, my hon. Friend the Member for Lewes (Norman Baker), wrote to my hon. Friend the Member for Bedford (Richard Fuller) on that issue last Thursday, and the tabling deadline for amendments to be debated tomorrow was last Friday. Indeed, my hon. Friend the Member for Bedford has tabled amendments on that issue, so we can debate it tomorrow.

I take the point raised by my hon. Friends the Members for Esher and Walton (Mr Raab) and for Enfield North (Nick de Bois). Progress through the amendments tomorrow will be a matter for the House, but I see no reason why there should not be an opportunity to debate the important reforms to our extradition arrangements. The protestations from the Opposition simply do not add up.

[Dr Julian Lewis (New Forest East) (Con)]

We have often been in this situation and found that we have not had enough time to debate important amendments. Would the Minister have any objection to some of the important amendments being put to the vote if the guillotine falls before we have had time to debate them?

[Damian Green]

As my hon. Friend knows, it is not for Ministers to decide whether things are put to the vote; that is up to the Chair.

The hon. Member for North Durham (Mr Jones) prayed in aid what happened in previous Parliaments. As I have said, this programme motion provides for additional time on Report. Indeed, this is the sixth Bill this Session that has received multiple days for its remaining stages. That is in stark contrast to the previous Government whom the hon. Gentleman supported and who routinely provided for only one day on Report and Third Reading. There is much more scrutiny of Bills under this Government than there was under the previous Government, and if the Opposition succeed there will be less parliamentary discussion—as is characteristic of the Labour party—rather than more, which is what the coalition Government have introduced.

On reflection, I hope the hon. Member for Birmingham, Erdington will reconsider his position and allow the programme motion to pass without further ado so that we can get on with the substantive issues before the House.

Question put.

Transforming Legal Aid

Julian Lewis Excerpts

Thursday 5th September 2013 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

Do the changes have any implications for the military justice system, given the continuing concern both in this House and the country at the huge costs bill faced by the courageous SAS Sergeant Danny Nightingale as a result of trying to defend himself against an inappropriate prison term?

[Chris Grayling]

I obviously cannot comment about that specific case, but I am not aware of anything in these proposals that would have a detrimental effect on the very important processes we have in place to deal with military matters. It will be very much on my mind in the coming months to take a closer look at the whole issue of veterans and armed forces personnel and the legal profession, because I am not entirely convinced we do enough to make sure we recognise the needs of those leaving our armed forces who end up in the criminal justice system.

Oral Answers to Questions

Julian Lewis Excerpts

Tuesday 5th February 2013 Commons Chamber

[Chris Grayling]

I last met the Northern Ireland Justice Minister about 10 days ago and am meeting him again tomorrow. No doubt probation services will be one thing we discuss.

[Dr Julian Lewis (New Forest East) (Con)]

Given the renewed threat that convicted terrorists will pose to society on release and the amount of security and intelligence resources that will have to be devoted to monitoring them, will the Minister confirm that the use of automatic early release would be entirely inappropriate for them?

[Jeremy Wright]

Our expectation would be that people receive an extended determinate sentence for an offence of terrorism, under which release would not be automatic. I hope that reassures my hon. Friend.

Leveson Inquiry

Julian Lewis Excerpts

Monday 3rd December 2012 Commons Chamber

[Mr John Whittingdale (Maldon) (Con)]

Over the past five years, the Culture, Media and Sport Select Committee, which I chair, has examined the issue of the standards and ethics of the press three times. Each time, what we have uncovered has caused us serious concern about the way in which the press operates in this country; we have revealed information that we all found truly shocking.

It is important that we remember the people who have suffered at the hands of the press, including the McCann family, the Dowler family and Christopher Jefferies. However, it is also important to note that all in those cases suffered as a result of breaches of the law. Breaches of the Data Protection Act, the Regulation of Investigatory Powers Act 2000, the contempt of court laws and the libel laws were all involved in the suffering of those people.

That is one of the reasons why I agree strongly with the earlier remarks of the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz). There are still big questions to be answered about how serial breaches of the law could take place in newsrooms and how the police appeared to do absolutely nothing about it, despite having the necessary evidence for a number of years. I very much hope that we will see the establishment of part 2 of the Leveson inquiry—whether it takes place under Lord Leveson or not is not the most important point—because we need answers to those questions once the criminal prosecutions have been exhausted.

[Dr Julian Lewis (New Forest East) (Con)]

So far as the breaches of the criminal law are concerned, will my hon. Friend confirm that, if a statutorily based supervisory body were to discover that the criminal law had been broken—through phone hacking, for example—that would become a matter for the police anyway as soon as it was discovered and that, terrible though the suffering of the Dowlers was, their case is, in a sense, really rather irrelevant to the supervisory body that we ought to have?

[Mr Whittingdale]

I am not sure that I would say their case is irrelevant, because it plainly provided evidence of the way in which the press seemed to feel that they were above the law, and that is a matter for a body overseeing ethics and standards. My hon. Friend is right, however, to say that that matter should have been dealt with by the police, and we still need answers as to why it was not.

Oral Answers to Questions

Julian Lewis Excerpts

Tuesday 13th November 2012 Commons Chamber

[Chris Grayling]

I am happy to consider that matter further and write to the hon. Gentleman.

[Dr Julian Lewis (New Forest East) (Con)]

In view of what the Secretary of State has rightly said about the case of Abu Qatada, a prominent supporter of al-Qaeda, will he say a word or two about an opponent of al-Qaeda, namely the special forces sergeant who has been sentenced to an 18-month term of military detention for having kept a pistol that was presented to him in gratitude for his services by the Iraqi special forces? I realise that court martial procedures might be outside my right hon. Friend’s immediate area of responsibility, but will he reflect public concern over that very serious matter?

[Chris Grayling]

I am aware of the public concern. My hon. Friend will understand that I cannot comment about an individual case, and of course courts-martial fall under the remit of the Ministry of Defence. However, I would always hope that common sense will lie at the heart of every judicial decision in this country.

Prisons (Property) Bill

Julian Lewis Excerpts

Friday 14th September 2012 Commons Chamber

[Stuart Andrew]

My hon. Friend, as ever, makes a wise contribution. That suggestion is also of great merit. It would be good that those items could be used in that way, and we will certainly consider his suggestion as the Bill continues through the House.

The situation is not only ludicrous from a legal point of view; it sends out entirely the wrong message. Unauthorised items can prejudice safety and security in prisons, and there have been instances of their being linked to serious crimes. Mobile phones, for example, have been used to organise crimes including murder, drug dealing and witness intimidation, and to access social networking sites.

When I was researching these matters, I was astonished to see the amount of mobile phone communication that had taken place from prisons. I have some examples here. Murders have been carried out from prison. In April 2006, Andrew Wanogho was shot dead in a London street in the early hours. The culprit had a cast-iron alibi; he was in jail at the time. The fact that he was on remand in Belmarsh prison had not prevented him from co-ordinating the murder using a smuggled mobile phone, however. Even more shocking is the fact that he rang the victim’s mobile phone after the shooting to check that his rival was dead. It is astonishing that such activities are going on in our prison system. In September 2007, Ryan Lloyd was jailed for life for the murder of Liam Smith, who was shot dead outside a prison in Liverpool in 2006. Lloyd had used a contraband mobile to call an accomplice. In 2009, another gang leader was jailed for organising the murder of a 17-year-old man from his cell in a prison in Humberside.

Drugs have been sold from prison. One drug dealer was behind bars in a prison in Lewes when he realised that he had a captive market, using the fact that there are drug addicts in the prison system. Before his imprisonment, he had been part of a small heroin and cocaine distribution ring based around Worthing. Once inside, he not only continued to run the business, issuing instructions to his team by mobile phone, but expanded his operation to include the prison itself. Packages of drugs were hidden in socks and thrown over the prison walls, to be collected by inmates at pre-arranged times. That was all made possible by the fact that he had access to a mobile phone.

We then come to intimidation from prison. I have a constituent whose 16-year-old son was murdered by a gang of 30 youths. Four of them were prosecuted, but one escaped to Pakistan. He has taunted my constituent from there on Facebook, telling her how much he was enjoying his freedom. That has been terribly difficult for her, because it means that she can never really let go of that horrible day. Let us imagine, therefore, what it must be like to get that kind of intimidation from someone in prison. I think that it would add insult to injury. That happened two years ago, when it emerged that one of Britain’s most dangerous gangsters was using Facebook to threaten his enemies from his high-security prison. The gang boss, who had been locked up for 35 years, was able to correspond with up to 565 “friends” on Facebook for more than two months, until the page was shut down. Some of the things he wrote were, frankly, astonishing. He wrote:

“I will be home one day and can’t wait to look into certain people’s eyes and see the fear of me being there. It’s good to have an outlet to let you know how I am, some of you will be in for a good slagging and some have let me down badly and will be named and shamed”.

The fact that this has come from within the person’s cell is horrendous.

The taunting of victims’ families from prisons is another problem. One of the killers of 16-year-old Ben Kinsella used his Facebook page to taunt his victims’ families from behind bars. He boasted that he was “down but not out”, and for his profile picture he mocked up a T-shirt emblazoned with his face and the slogan “Free Jade Braithwaite”. From his cell, he wrote how he wanted “remote control” so that he could

“mute or delete people when I need to”.

Ben’s sister Brooke, who is 28, said at the time:

“My family and I are appalled that Jade Braithwaite is able to operate a Facebook page from inside prison—and to use the site to protest his innocence is really upsetting. We are disgusted by the comments on the site and feel it is a real insult to Ben’s memory.”

We are letting down these families if we do not deal with this problem. I have more quotes, which I may come back to later, but that gives a flavour of the real problem and its effect on the families of victims and on the victims themselves.

Phones today are not just instruments of communication; they often have cameras and recording devices. Pictures can be taken from inside prison and communicated outside, which could facilitate the opportunity to escape or help with smuggling drugs and other contraband into prison. What message does that send to victims, particularly when we have to store these items if they are found?

There is a real effect on prison discipline. Some items of property may not be illicit in themselves but have not been authorised for possession by a prisoner, including items that might have been smuggled in by visitors or obtained from another prisoner. Currently, too many prisoners use the lack of legislation to their own advantage. Prison officers discover items, but prisoners know that no legislation is in place to allow their destruction and demand that the items are put in storage. That is bad not only for good order, but for the morale of staff who work in the prison.

Glyn Travis of the Prison Officers Association states:

“The POA welcome this Bill and believe it is long overdue. Staff do get frustrated when they work hard to confiscate contraband and are then taunted by prisoners who use the loophole and force staff to store the property for them when they are released. This has a knock on effect and cost to the tax payer as property has to be transferred if the offender is. If property is classed as illegal/contraband, it should be destroyed and not stored. If the loophole is not closed compensation claims may arise if property is lost.”

If we do not pass the Bill today, we will let down the people who work so hard for us in those prisons.

The impact on resources within the prison system is another issue. When I was doing research for this Bill, I visited HMP Leeds—I hope it will prove to be the only time I go there—which is an extremely large and imposing Victorian building in which space is at a premium. I am extremely grateful to all the prison staff who gave up a considerable amount of their time to talk me through the process of prisoners entering the prison and to explain the many issues they face daily. They also told me what the problems were in the prison system.

As many Members will know, when prisoners arrive from court they must declare the items they have on them, and those that are permitted in the prison are listed on a card for the records. Prisoners are allowed to keep some of the items on them, and some will be stored. That is legitimate, and the Bill does not deal with those items. Others, such as mobile phones, are not allowed, but as long as prisoners have declared them in the court, they will be listed on a second card and stored until the prisoners are released. Storing the legitimate items is demanding enough given the number of people who are involved in the prison system, but the pressure is increased by the fact that prison staff are forced to store all the unauthorised items as well. It is estimated that storing the tens of thousands of mobile phones alone costs about £20,000 a year.

[Dr Julian Lewis (New Forest East) (Con)]

Are steps taken, or sanctions imposed, when people are found smuggling items into prison, and do prisoners who are found to have been receiving items inappropriately lose any privileges?

[Stuart Andrew]

In some cases restrictions are imposed, but one wonders how many people are smuggling things into prisons and hiding them without being detected. Why would they fear being caught if they know that the items that they have smuggled in may be stored? We want to send the clear message that it is not even worth trying, and I hope that that is what the Bill will do.

Oral Answers to Questions

Julian Lewis Excerpts

Tuesday 15th May 2012 Commons Chamber

[Mr Vara]

Last year, the Government received advice from the commission on reform of the European Court of Human Rights, which was taken into account in negotiations to agree the Brighton declaration. The commission’s website contains minutes of its meetings and details of seminars, as well as information regarding the public consultation held last year. The topics considered so far include: reform of the Strasbourg Court; possible options for a UK Bill of Rights; parliamentary sovereignty; and issues relating to Scotland, Wales and Northern Ireland. The Government look forward to receiving the commission’s final report by the end of this year.

[Dr Julian Lewis (New Forest East) (Con)]

Is there any chance that the commission’s recommendations might include a recognition of the common-sense view that when people trample on the human rights of others, they should abrogate some of their own human rights?

Oral Answers to Questions

Julian Lewis Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Clarke]

The convention applies, and the jurisdiction of the Court extends, to 47 member states, where we want to entrench the principles of liberal democracy, and it is in all our interests that we do so. The aim of our proposed reforms is to strengthen the Court and enable it to concentrate on the most serious cases requiring adjudication at international level. At the moment the Court is not functioning well because it has 150,000 cases in arrears, it take years to get a hearing and it has to deal with cases that are trivial, repetitive or have been properly dealt with at national level.

[Dr Julian Lewis (New Forest East) (Con)]

I seem to remember promising the electorate that we would bring in a Bill of Rights that would enable us to disregard some of the more barmy decisions of the European Court of Human Rights. Would the Secretary of State like to update us on our progress towards fulfilling that important commitment?

[Mr Clarke]

Different Conservative candidates put forward the campaign in different terms at the last election, and not for the first time, as you will know from your experience, Mr Speaker, and as I do from mine. As usual, I am sticking firmly to the policy of the Government of whom I am a serving member. The reasons we are reforming the Court were set out clearly in the terms of reference of the commission looking at the matter and in the Prime Minister’s speech to the Council of Europe, which I think coincide with my own views.